Originally posted 2010-11-08 11:28:52. We have discussed mechanic’s liens and their advantages relating to bankruptcy on several occasions here at Musings. As I warmed up from a cold weekend of camping with my son’s Boy Scout troop, I remembered a recent case out of the Fairfax County, Virginia Circuit Court that provides an explanation of […]
Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Fraud and Construction Contracts- Like Oil and Water?
Originally posted 2014-11-27 10:00:21. We have discussed the interaction of fraud and breach of contract actions on occasion here at Construction Law Musings. In most cases the two do not mix. Between the economic loss rule and the general desire of Virginia courts to keep contract actions and tort actions separate, most of the time […]
Construction Claims Need a Great Story
Originally posted 2011-04-15 09:00:59. For this week’s Guest Post Friday, Musings is lucky enough to have my pal Chris Cheatham of Green Building Law Update and his newly launched Construction Claims Playbook join us for a second time. Chris’ (@chrischeatham) law practice provides claims guidance to contractors. His mission is to deliver cost-effective counsel to […]
Developers of Common Interest Communities: Be Prepared for the Next “Perfect Storm”
Originally posted 2012-05-18 14:11:52. For this week’s Guest Post Friday here at Musings, I welcome a friend. John Tarley is an attorney with the Williamsburg law firm of Tarley Robinson, PLC. John is the managing partner for the firm and leads the firm’s business and litigation practices. A large part of the firm’s practice involves […]